The approving Board may require the installation or construction
of necessary on-site and/or off-tract improvements. In the event improvements
are required, the procedures, standards, inspection fees, performance
guarantees and maintenance guarantees shall be governed by this Ordinance.
In the event preliminary major subdivision or site plan approval is conditioned upon improvements, the applicant may apply for conditional final approval subject to the posting of the necessary bonds or installation of the improvements as a condition to the granting of final approval. The posting of bonds in lieu of installation of major site plan improvements prior to final approval shall be permitted only where the approving Board finds, pursuant to Section 13-3.1102, that the required site improvements are of a character and scope that does not warrant as-built review by the Board. The posting of bonds for major site plan improvements as a condition of final approval may be waived, pursuant to Section 13-3.1102, where the Board finds that the improvements are of such limited scope as not to justify the Township's administrative costs in connection with such bonds.
Except as provided in Sections 13-3.1102 and 13-4.102, the approving Board shall require for final major site plan approval an as-built plan in accordance with the approved preliminary major site plan approval. For purposes of this section, "as built" plan shall mean a plan showing the complete build-out of the site in accordance with the approved preliminary major site plan. Where an as-built plan is required, the Board shall not grant final approval until the Township Planner and the Board Engineer have inspected the site and certified that the improvements have been completed as depicted on the as-built plan. Where installed non-public improvements are incomplete or deficient but the character and extent of the incompleteness or deficiency does not involve unreasonable risks to public health and/or safety, the Board may grant final major site plan approval conditioned upon the posting of a cash bond or irrevocable letter of credit for one hundred twenty (120%) percent of the value of the incomplete improvements as estimated by the Board Engineer; provided that no permanent Certificate of Occupancy shall be issued in connection with such a site plan until the Board Engineer certifies that all non-public improvements have been satisfactorily completed.
A.
No building permit shall be issued in connection with a major subdivision
and no certificate of occupancy shall be issued in connection with
a major site plan until the approving board shall grant final approval.
Except in circumstances where bonding of improvements is permitted
under N.J.S.A. 40:55D-53, no final major subdivision plat or major
site plan map shall be approved by the approving board until all public
improvements have been completed, inspected, certified and approved
by the Township Engineer and accepted by the Township Council and
a maintenance guarantee has been filed and accepted by the Township
Council in accordance with the requirements of this section.
[Amended 8-14-2018 by Ord. No. 11-18]
B.
The developer shall undertake no activity which will cause land disturbance
on the site until the appropriate safety and stabilization guarantee
in favor of the Township has been furnished. At the developer's option,
a safety and stabilization guarantee may be furnished either as a
separate guarantee or as a line item of the performance guarantee.
A safety and stabilization guarantee shall be for the purpose of returning
property that has been disturbed to a safe and stable condition or
otherwise implementing measures to protect the public from access
to an unsafe or unstable condition, only in the circumstance that:
(i) site disturbance has commenced and, thereafter, all work on the
development has ceased for a period of at least 60 consecutive days
following such commencement for reasons other than force majeure;
and (ii) work has not recommenced within 30 days following the provision
of written notice by the municipality to the developer of the Township's
intent to claim payment under the guarantee. The Township shall not
provide notice of its intent to claim payment under a safety and stabilization
guarantee until a period of at least 60 days has elapsed during which
all work on the development has ceased for reasons other than force
majeure. The Township shall provide written notice to a developer
by certified mail or other form of delivery providing evidence of
receipt. The amount of a safety and stabilization guarantee for a
development with bonded improvements in an amount not exceeding $100,000
shall be $5,000. The amount of a safety and stabilization guarantee
for a development with bonded improvements exceeding $100,000 shall
be calculated as a percentage of the bonded improvement costs of the
development or phase of development as follows: $5,000 for the first
$100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement
costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement
costs in excess of $1,000,000. The Township shall release a separate
safety and stabilization guarantee to a developer upon the developer's
furnishing of a performance guarantee which includes a line item for
safety and stabilization in the amount required under this paragraph.
The Township shall release a safety and stabilization guarantee upon
the Township Engineer's determination that the development of the
project site has reached a point that the improvements installed are
adequate to avoid any potential threat to public safety.
[Amended 8-14-2018 by Ord. No. 11-18]
C.
Unless all public improvements have been installed the approving
Board shall require that a performance guarantee be posted in favor
of the Township in an amount not to exceed 120% of the cost of installation
of those improvements required by the approval or a developer's agreement,
ordinance, or regulation to be dedicated to the Township, and that
have not yet been installed, which cost shall be determined by the
Township Engineer in accordance with N.J.S.A. 40:55D-53.4. The following
improvements must be completed or bonded: streets, pavement, gutters,
curbs, sidewalks, street lighting, street trees, surveyor's monuments,
as shown on the final map and required by the "Map Filing Law," P.L.
1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by section 2 of
P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8,
water mains, sanitary sewers, community septic systems, drainage structures,
public improvements of open space, and any grading necessitated by
the preceding improvements. The Board shall also require a performance
guarantee for privately-owned perimeter buffer landscaping. The Township
Engineer shall prepare an itemized cost estimate of the improvements
covered by the performance guarantee, which itemized cost estimate
shall be appended to each performance guarantee posted by the obligor.
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," in favor of the Township in an amount equal
to 120% of the cost of installation of only those improvements or
items which remain to be completed or installed under the terms of
the temporary certificate of occupancy and which are required to be
installed or completed as a condition precedent to the issuance of
the permanent certificate of occupancy for the development, unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee. Upon posting of a temporary certificate
of occupancy guarantee, all sums remaining under a performance guarantee
which relate to the development, unit, lot, building, or phase of
development for which the temporary certificate of occupancy is sought
shall be released. The scope and amount of the temporary certificate
of occupancy guarantee shall be determined by the Township Engineer,
or other municipal official designated by the Township Manager. At
no time may the Township hold more than one guarantee or bond of any
type with respect to the same line item. The temporary certificate
of occupancy guarantee shall be released by the Township Engineer
or other official designated by the Township Manager upon the issuance
of a permanent certificate of occupancy with regard to the development,
unit, lot, building, or phase as to which the temporary certificate
of occupancy relates.
[Amended 8-14-2018 by Ord. No. 11-18]
D.
The cost of the installation of improvements shall be estimated by
the Municipal Engineer based on documented construction costs for
public improvements prevailing in the general area of the municipality.
The developer may appeal the Municipal Engineer's estimate to the
County Construction Board of Appeals established under section 9 of
P.L. 1975, c. 217 (C. 52:27D-127).
E.
No maintenance guarantee shall be accepted nor shall any partial
facility be accepted by the Township for any item which has further
stages of work to be completed or which will need to be completed
or which will need to be altered or re-worked in any manner due to
the installation or connection of any other facility. Any improvements
installed prior to final major subdivision or site plan application
that do not meet Township standards shall be added to the performance
guarantee.
At least ten (10%) percent of the performance guarantee shall
be in cash or equivalent deposited with the Township. Such cash shall
be deposited to the credit of the Township and may be usable at any
time in the event of non-performance by the applicant. The remaining
portion of the performance guarantee shall be issued by a bonding
or surety company authorized to do business in the State of New Jersey,
or an irrevocable letter of credit issued by a bank or savings institution
authorized to do business in the State of New Jersey, as approved
by the Township Attorney.
The Township shall not be required to refund an amount of interest
paid on a deposit which does not exceed one hundred ($100.00) dollars
for the year. If the amount of interest exceeds one hundred ($100.00)
dollars, that entire amount shall belong to the applicant and shall
be refunded annually to the applicant or at the time the deposit is
repaid or applied to the purpose for which it was deposited, as the
case may be; except that the Township may retain for administrative
expenses a sum equivalent to no more than thirty-three (33%) percent
of that entire amount, which shall be in lieu of other administrative
and custodial expenses.
Performance guarantees shall run for a term not to exceed twenty-four
(24) months. Performance guarantees, with the consent of the principal
and surety, if there is a surety, may be extended by the Governing
Body by resolution.
The time allowed for installation of the improvements for which
the performance guarantee has been provided may be extended by the
Governing Body by resolution. As a condition or as a part of any such
extension, the amount of any performance guarantee may be increased
or decreased, as the case may be, to an amount not to exceed one hundred
twenty (120%) percent of the cost of the installation which costs
shall be determined by the Municipal Engineer as of the time of the
passage of the resolution.
If the required improvements have not been installed in accordance
with the standards and specifications of the Township within the time
limit or extension thereof, and in the requirements of the performance
guarantees, the obligor and surety shall then be liable to the Township
for all reasonable costs of the improvements not installed. Upon receipt
of the proceeds, the Township shall install such improvements and/or
any use such portions of said performance guarantees as have been
deposited in cash with the Township Clerk to assure the completion
of said improvements in accordance with the terms of this article
and any applicable agreement. Such completion or correction of improvements
shall be subject to the public bidding requirements (N.J.S.A. 40A:11-1
et seq.).
A.
Before accepting a performance guarantee, the Governing Body shall
have the following:
1.
A letter from the Township Engineer stating that the proposed guarantee
covers all the items required by the Board, with a list of the items
and costs. The letter shall also state that the plans and specifications
meet all applicable Township ordinances.
2.
A letter from the Township Attorney approving the performance guarantee
as to form and amount.
B.
After approval and acceptance of the performance guarantee by the
Governing Body, a letter stating that fact shall be sent by the Governing
Body to the applicable board before the board shall sign the final
plats for filing with the County.
The procedures established in N.J.S.A. 40:55D-53 shall govern
the release of performance guarantees. Before the Governing Body releases
any guarantees or portions thereof, the following items shall be required:
A.
All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Township Engineer to insure satisfactory completion. The Township Engineer shall be notified by the developer five (5) days in advance of the start of construction. The cost of the inspection shall be the responsibility of the developer. This non-refundable fee shall be in addition to the amount for the performance guarantee and shall be assessed against the escrow deposits specified in section 13-2.4 above. If the inspection costs exceed such funds, the developer shall deposit with the Township Chief Financial Officer additional sums upon notice from the Township Engineer.
B.
In no case shall any paving work (including prime and seal coats)
be done without prior permission from the Township Engineer so that
a representative of the Township Engineer's Office may be present
at the time the work is to be done. No underground installation shall
be covered until inspected and approved. The Township Engineer's Office
shall be notified after each of the following phases of the work has
been completed so that the Township Engineer or a qualified representative
may inspect the work: road subgrade, curb and gutter forms, curbs
and gutters; road paving after each coat in the case of priming and
sealing; drainage pipes and other drainage structures before back
filling; shade trees and planting strips; street name signs; and monuments.
Electrical, gas and telephone utility distribution supply lines installed
by the utility companies are exempt from the above requirements. Shade
trees shall not be planted until all grading and earth moving are
completed.
C.
Inspection by the Township of the installation of improvements and
utilities by the developer shall not subject the Township to liability
for claims, suits, or liability of any kind that may at the time arise
because of defects or negligence, during construction, or at any time
thereafter; it being recognized that the responsibility to maintain
safe conditions at all times during construction and to provide proper
utilities and improvements is upon the developer and his or her contractors
or subcontractors, if any.
D.
As-built plans and profiles of all utilities and roads with a certification
by the applicant's engineer as to the actual location and construction.
E.
A statement or affidavit from the developer that there are no liens
or other legal encumbrances on any of the improvements or utilities
proposed to be deeded to the Township.
F.
A maintenance guarantee.
G.
Deeds, free and clear of any encumbrances, for all streets, public
easements, drainage and conservation easements, other lands dedicated
to public use and any improvements to be dedicated or deeded to the
Township or other public agency.
H.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the Governing
Body by resolution. As a condition or as part of any such extension,
the amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed one hundred twenty
(120%) percent of the cost of the installation as determined as of
the time of passage of the resolution.
I.
Upon substantial completion of all required improvements, including
streets and appurtenant utility improvements and the connection of
same to the public system, the developer may request of the Governing
Body in writing, by certified mail addressed in care of the Municipal
Clerk, that the Municipal Engineer prepare, in accordance with the
itemized cost estimates prepared by the Municipal Engineer and appended
to the performance bond, a list of all uncompleted or unsatisfactory
completed improvements. If such a request is made, the developer shall
send a copy of the request to the Municipal Engineer. The request
shall indicate which improvements have been completed and which improvements
remained uncompleted in the judgment of the developer. Thereupon the
Municipal Engineer shall inspect all improvements covered by the developer's
request and shall file a detailed list and report in writing with
the Governing Body and shall simultaneously send a copy thereof to
the developer not later than forty-five (45) days upon receipt of
the developer's request.
The prepared list by Municipal Engineer shall state, in detail,
with respect to each improvement determined to be incomplete or unsatisfactory,
the nature and the extent of the incompleteness of each incomplete
improvement or the nature and extent of, and remedy for, the unsatisfactory
state of each completed improvement determined to be unsatisfactory.
The report prepared by the Municipal Engineer shall identify each
improvement determined to be complete and satisfactory together with
a recommendation as to the amount of reduction to be made in the performance
guarantee relating to the completed and satisfactory improvement,
in accordance with the itemized cost estimate prepared by the Municipal
Engineer and appended to the performance guarantee.
The Governing Body by resolution shall either approve the improvements
determined to be complete and satisfactory by the Municipal Engineer,
or reject any or all of these improvements upon establishment in the
resolution of cause for rejection, and shall approve and authorize
the amount of reduction to be made in the performance guarantee relating
to said improvements except in accordance with the itemized cost estimate
prepared by the Municipal Engineer and appended to the performance
guarantee. The resolution shall be adopted not later than forty-five
(45) days after the receipt of the list and report prepared by the
Municipal Engineer. Upon adoption of a resolution by the Governing
Body, the developer shall be released from all liability pursuant
to its performance guarantee with respect to those approved improvements,
except for that portion adequately sufficient to secure completion
of correction of the improvements not yet approved; provided that
thirty (30%) percent of the amount of performance guarantee be posted
may be retained to insure completion and acceptability of all improvements.
In the event that the developer has made a cash deposit with
the municipality as part of the performance guarantee, then any partial
reduction granted in the performance guarantee pursuant to this section
shall be applied to the cash deposit in the same proportion as the
original cash deposit bears to the full amount of the performance
guarantee.
J.
The developer shall reimburse the municipality for all reasonable
inspection fees paid to the Municipal Engineer for the foregoing inspections
of improvements; provided that the municipality may require of the
developer a deposit for all inspections in an amount not to exceed,
except for extraordinary circumstances, the greater of five hundred
($500.00) dollars or five (5%) percent of the cost of improvements
as calculated by the Municipal Engineer.
K.
The Governing Body, by resolution, shall either approve, partially
approve or reject the improvements on the basis of the report of the
Municipal Engineer and shall notify the developer in writing, by certified
mail, of the contents of the said report and the action of the Governing
Body with relation thereto. Where partial approval is granted, the
developer shall be released from all liability pursuant to its performance
guarantee, except for that portion adequately sufficient to secure
provision for the improvements not yet approved; provided that thirty
(30%) percent of the amount of the performance guarantee posted may
be retained to insure completion of all improvements. If the Governing
Body fails to approve or reject the improvements determined by the
Municipal Engineer to be complete and satisfactory or reduce the performance
guarantee for the complete and satisfactory improvements within forty-five
(45) days from the receipt of the Municipal Engineer's list and report,
the developer may apply to a court of competent jurisdiction, in a
summary manner, for an order compelling, within a stated time, approval
of the complete and satisfactory improvements and approval of a reduction
in the performance guarantee for the approvable complete and satisfactory
improvements in accordance with the itemized cost estimate prepared
by the Municipal Engineer.
[Ord. No. 5-06 § 1]
L.
In the event that final approval is by stages or sections of developments,
pursuant to C. 40:55D-38, the provisions of this section shall be
applied by stage or section.
The approval of any plat under this article by the approving
Board shall in no way be construed as acceptance of any street, drainage
system(s) or other improvements required by this article, nor shall
such plat approval obligate the Township in any way to maintain or
exercise jurisdiction over such street, drainage system(s) or other
improvements. Acceptance of any street, drainage system(s) or other
improvement by the Township shall be implemented only by favorable
action by the Governing Body. No improvement shall be accepted by
the Governing Body unless and until all of the following conditions
have been met:
A.
The Township Engineer shall have certified in writing that all the
improvements are complete and that they comply fully with the requirements
of this chapter and of other applicable local ordinances.
B.
The final plat shall have been approved by the approving Board.
C.
All improvements which the Township may require the posting of a
maintenance guarantee under N.J.S.A. 40:55D-53 shall be required by
the approving board, before being accepted by the Township, to be
covered by a maintenance guarantee running in favor of the Township
of Roxbury in the amount of 15% of the estimated cost of the improvements
as estimated by the Township Engineer. Said maintenance guarantee
shall run for a period of two years and provide for the proper repair
and/or replacement of any such improvements during said period. The
two-year period shall be from the date of the acceptance of the improvements
by the Township, and no performance guarantee shall be released by
the Township until such time as the maintenance guarantee herein required
has been posted with the Township.
[Amended 8-14-2018 by Ord. No. 11-18]
The Governing Body shall not accept any road or other improvements
into the municipal road system or for municipal ownership until the
maintenance guarantee has been posted and all deficiencies are corrected
or repaired to the satisfaction of the Township Engineer.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the municipality for such utilities or improvements.
A.
The developer shall present to the Township Attorney no later than
fourteen (14) days prior to the Governing Body's meeting, any proposed
restoration guarantee, performance guarantee or maintenance guarantee
for his approval as to form and execution.
B.
The Township Attorney shall notify the Township Clerk prior to the
meeting whether the restoration guarantee, performance guarantee or
maintenance guarantee is properly executed and in proper form and
can be added to the agenda. If the said guarantee is approved by the
Township Attorney, a resolution authorizing acceptance shall be prepared
by the Township Attorney and forwarded to the Township Council for
approval subject to final subdivision or site plan approval by the
appropriate municipal approving authority.
C.
The final approval of the municipal approving authority shall be
conditioned upon acceptance by the Township Council of the performance
or maintenance guarantee, as the case may be.
D.
The Township Clerk shall forward to the appropriate municipal approving
authority (Planning Board or Board of Adjustment) and to the Township
Engineer, a certified copy of the Township Council's resolution of
acceptance of the restoration guarantee, performance guarantee or
maintenance guarantee, as the case may be.
E.
No final map or plan shall be signed or filed until a certified copy
of the Township Council's resolution accepting the guarantee is on
file with the appropriate municipal approving authority.
A.
No building permit shall be issued in connection with a major subdivision until the plat has received final approval and the applicant has posted the appropriate guarantee or installed the improvements and the plat has been duly filed in the County Clerk's office. No building permit shall be issued in connection with a major site plan until it has received preliminary approval and the applicant has installed the public improvements or posted the appropriate guarantee. No building permit shall be issued until the applicant has posted the appropriate restoration guarantee in accordance with Section 13-4.201.
B.
In the event that the applicant proposes to install improvements
prior to final subdivision or site plan approval, building permits
may be issued only after installation, inspection and approval by
the Township Engineer of all:
No Certificate of Occupancy shall be issued for any building
or structure until all improvements as shown on the approved plans
shall have been installed by the developer and approved by the Township
Engineer and a certificate of compliance from the Soil Conservation
Service has been issued, except that a Certificate of Occupancy may
be issued if the following conditions are met:
A.
The Township Engineer shall certify in writing to the Construction
Official that all required utility improvements, curbs and/or gutters
and the intermediate course of the road have been installed, inspected
and approved, and that the best interest of the Township require a
delay for engineering reasons before the developer completes the other
improvements. The developer shall post a cash bond in the amount approved
by the Township Engineer for that portion of the improvements yet
to be completed and for maintenance of those completed in the particular
sections for which Certificates of Occupancy have been requested.
B.
The developer shall notify each homeowner that he or she has deposited
funds with the Township to guarantee the completion and maintenance
of the required improvements, and a copy thereof, together with proof
of service, shall be filed with the Construction Official. The maintenance
guarantee shall remain in effect for two (2) years from the date of
approval of the improvement by the Township Engineer.
C.
Prior to the issuance of a Certificate of Occupancy for a lot or
site awaiting landscaping, the developer shall have graded the land
or lot to which the Certificate of Occupancy applies in a manner approved
by the Township Engineer to ensure proper drainage and to have installed
appropriate measures to prevent soil erosion and sedimentation.
D.
A Temporary Certificate of Occupancy may be issued in connection
with a major site plan where non-public improvements, which will not
be turned over to the Township, remain incomplete, provided that a
cash bond or irrevocable letter of credit shall be posted to assure
the completion or installation of said private improvements; and provided
further that the approving Board has determined that the deferral
of the private improvements will not pose an unreasonable risk to
public health and/or safety.
E.
In the event that the road is not accepted by the Governing Body,
no Certificate of Occupancy shall be issued unless the base course
and drainage facilities for the road has been installed to the satisfaction
of the Township Engineer and the applicant has posted a bond acceptable
to the Township Attorney for the installation of the top course and
shall execute a developer's agreement that requires maintenance of
the road by the applicant, including but not limited to snow removal
and repairs until the acceptance of the road by the Governing Body.
F.
The performance guarantee for the uncompleted improvement remains
in full force and effect in accordance with the terms of this Ordinance.
A.
Upon the issuance of a Certificate of Occupancy for any building
or structure on any new dedicated street or roadway which is open
to the public or to which the public is invited, in a subdivision
or development which is the subject of an application for development
within the Township of Roxbury, and prior to the acceptance of such
dedication by the Township, the developer shall be required to keep
and maintain said streets or roadways free and clear of snow and ice,
within six (6) hours of daylight after the same shall have fallen
or be formed thereon, and the same shall be open to public use and
shall permit access to police, fire fighting, and emergency vehicles
in accordance herewith.
B.
Each developer shall be required to post a separate cash performance
guaranty for snow removal in the amount of one hundred ($100.00) dollars
per one hundred (100) linear feet of road or one thousand five-hundred
($1,500.00) dollars whichever is greater. In the event of failure
of the developer to satisfactory provide snow removal as required
by A. above, the Township shall have the option to take the necessary
actions and charge the cost of said snow removal against the cash
performance guaranty, and the developer shall not seek compensation
from the Township pursuant to N.J.S.A. 40:67-23.5. The costs incurred
thereby shall be certified by the Governing Body by the Public Works
Department, which certification shall be presented to an reviewed
by the Governing Body. Such costs shall be computed so as to defray
and meet the expenses incurred by the Township, including but not
limited to, the costs of labor, materials and the costs to repair
any and all injury or damage done to the roadway or occurring to same
during such snow and ice removal operations, or caused thereby. Such
costs shall be charged to and paid by the developer to the Township
to replenish the cash performance guaranty, in the amount so certified,
within ten (10) days of the receipt of a bill for the same. Upon acceptance
of the subdivision improvements by the Township, the remaining cash
performance guaranty balance shall be returned to the developer.
[Ord. No. 8-01 § 1]
[Ord. No. 8-01 § 1]
The Township shall not be obligated to provide advance notice
to the developer of the Township's intention to cause snow and/or
ice to be removed if, in the reasonable judgment of the Township Manager,
such snow and/or ice poses a threat to the health, safety and welfare
of the residents of the Township who use such roads and driveways.
[Ord. No. 8-01 § 1]
The Township of Roxbury shall have no liability or responsibility
whatsoever for any damage that may be done to catch basins, manholes,
curbs, gutters, driveways, or other improvements, or to said streets
or roadways, which damage may occur during said snow and ice removal,
and the subdivision owner shall indemnify and hold the Township harmless
in writing with respect thereto.
[Ord. No. 8-01 § 1]
Any person who fails to satisfactorily provide snow removal in accordance with the requirements of Section 13-4.501, paragraph A., above shall, upon conviction thereof, be punished by a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars or imprisonment in the county jail for a term not exceeding ninety (90) days, or by a period of community service not exceeding ninety (90) days, or any combination thereof. Each day a particular violation continues shall constitute a separate offense. The above-stated penalties shall be in addition to the restoration of the snow removal guaranty as required in Section 13-4.501, paragraph B., above.
Applicants shall be required, as a condition for approval of
all subdivision, site plan or conditional use, to pay their pro rata
share of the cost of providing reasonable and necessary street improvements
and/or water, sewerage and drainage facility improvements and any
necessary easements therefor, located outside the property limits
of the subject premises, but necessitated for safety considerations
or required by construction or improvements within such subdivision
or development. The following criteria shall be utilized in determining
the developer's proportionate pro rata monetary share for the necessary
off-tract developments.
In cases where the need for an off-tract improvement is created
by the proposed subdivision or development and where no other property
owners receive a special benefit thereby (as opposed to a mere incidental
benefit), the applicant may be required, as a condition of approval
and at the applicant's sole expense, to acquire and/or improve lands
outside the tract and dedicate such lands to Roxbury Township or Morris
County or, in lieu thereof, the subdivider or developer may be required
to deposit with the Township a sum of money sufficient to allow the
Township to acquire and/or improve such lands on conditions it may
deem appropriate under the circumstances. Provided that, if delays
in the construction of the development cause a delay of five (5) years
or more in the installation of off-tract improvements, the Township
Engineer may reassess and/or update the extent and/or cost of such
improvements.
In cases where the need for any off-tract improvements to be
implemented now or in the future is necessitated by safety considerations
or required by the proposed development application, and where it
is determined that properties outside the development will also be
benefited by the improvement, the developer shall pay his pro rata
share of the cost of providing such reasonable and necessary street
improvements and water, sewerage and drainage facilities, including
any necessary easements. The following criteria, together with the
provisions or rules and regulations of Roxbury Township or any department
thereof, may be utilized in determining the developer's pro rata share
of such improvements:
A.
Sanitary Sewers. For distribution facilities, including the installation,
relocation or replacement of collector, trunk and interceptor sewers
and the installation, relocation or replacement of collector, trunk
and interceptor sewers and the installation, relocation or replacement
of other appurtenances associated therewith, the applicant's proportionate
share shall be computed as follows:
1.
The capacity and the design of the sanitary sewer system shall be
based on the Rules and Regulations for the Preparation and Submission
of Plans for Sewerage Systems, New Jersey State Department of Environmental
Protection, and any Roxbury Township sewer design standards, including
infiltration standards.
2.
Developer's pro rata share:
(a)
The capacity of the existing system to serve the additional
sewer gallonage from the development shall be computed. If the system
is able to carry the additional gallonage, no improvement or enlargement
cost will be assigned to the developer although some charges including,
but not limited to, capacity charges may be imposed. If the existing
system does not have adequate capacity for the additional gallonage
or a new system is required, the pro-rata enlargement or improvement
share shall be computed as follows:
|
Developer's Cost
————————————
Total Enlargement
or Improvement Cost
|
=
|
Development gpd
——————————————
Development gpd plus
any immediate gpd that
specially benefits
other property owners
|
(b)
The plans for the improved system or the extended system shall
be prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the Township Engineer.
B.
Roadways. For street widening, alignment, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvement uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the applicant's
proportionate cost shall be determined as follows:
1.
The applicant's engineer shall provide the Township Engineer with
the existing a.m. and p.m. peak-hour volumes which impact the off-tract
areas in question, which volumes shall analyze pedestrian, bicycle
and motor vehicle traffic. Additionally, the applicant shall provide
the service flow rate (SF) for a level of service C in the affected
roadways. The service flow rate shall include the total traffic in
both directions measured in passenger cars per hour. The applicant's
engineer, with concurrence of the Township Engineer, shall determine
the off-tract areas impacted by the project by including all local
roadways from the project site to the nearest County or State highway
facility.
2.
The applicant shall furnish a plan for the proposed off-tract improvements,
which shall include an estimated a.m. and p.m. peak-hour traffic count
generated by the proposed development. Included in the proposed plan
shall be all appropriate intersection improvement affecting the local
roadway at their intersection with County or State highways together
with the level of improvement of affected local roadways in order
to establish or maintain a flow rate for level of service C. The pro-rata
share shall be computed as follows:
|
Developer's Cost
——————————————
Total Cost of Roadway
Improvement and/or Extension
|
=
|
Highest Peak-Hour
Traffic Generated by the Development
——————————————
Service Flow Rate for
Level of ServiceC at Highest Peak Hour*
|
|
*Where the service flow rate for the highest peak hour at the
location in question is at a level of service C or worse for the combined
existing and proposed traffic, then the actual service flow rate shall
be used in the denominator of the above equation.
|
3.
For purposes of this calculation, the future a.m. and p.m. peak-hour
traffic generated by the development as well as the service flow rate
for level of service C shall be calculated by utilizing the Highway
Capacity Manual published by the Transportation Research Board Latest
Edition.
4.
The plans for the improved system or the extended system shall be
prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the Township Engineer.
C.
Drainage Improvements. For the stormwater and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, rip rap or improved drainage ditches
and appurtenances thereto and the relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, the
applicant's proportionate share shall be determined as follows:
1.
The capacity and design of the drainage system to accommodate stormwater
run-off shall be based on a method described in Urban Hydrology for
Small Watershed, Technical Release 55, Soil Conservation Service USDA,
January 1975, as amended, and shall be computed by the developer's
engineer and approved by the Township Engineer.
2.
The capacity of the enlarged, extended or improved system required
for the subdivision or development and areas outside of the subdivision
or development shall be computed by the developer's engineer and be
subject to the approval of the Township Engineer. The pro rata share
for the proposed improvement shall be computed as follows:
|
Developer's Cost
——————————————
Total Enlargement or
Improvement Cost of
Drainage Facilities
|
=
|
Development peak cfs
——————————————
Total Increase in Tributary peak cfs
|
|
This equation shall only be used if the development's total
peak rate of run-off at the location in question is less than or equal
to the peak run-off rate before development at that location. Otherwise,
the formula shall be determined on a case-by-case basis by the Township
Engineer.
|
3.
The plans for the improved system or the extended system shall be
prepared by the developer's engineer. All work shall be calculated
by the developer and approved by the Township Engineer.
D.
Water Supply. The applicant's proportionate share of water distribution
facilities including the installation, relocation, or replacement
of water mains, hydrants, valves, and appurtenances associated therewith
shall be computed as follows:
1.
The capacity and the design of the water supply system shall be based
on the standards as otherwise specified in the General Ordinances
of the Township.
2.
The Municipal Engineer shall provide the applicant with the existing
and reasonably anticipated capacity limits of the affected water supply
system in terms of average demand, peak demand, and fire demand.
3.
If the existing system does not have adequate capacity as defined
below to accommodate the applicant's needs, the pro rata share shall
be computed as follows:
|
Developer's Cost
——————————————
Total Cost of Enlargement
|
=
|
Development-generated
Gallons Per Day to be
Accommodated by the
Enlargement or Improvement
——————————————
Additional Usable
Gallonage from Enlargement
or Improvement
|
4.
Adequate capacity shall be deemed to exist if the available capacity
of the water system exceeds the applicant's needs. Available capacity
is computed as follows:
Available capacity = 80% of Firm Capacity - Peak Demand - Reserves
and Allocations
Where firm capacity is determined, in accordance with NJDEP
regulations, with the system's largest well off-line.
E.
In all of the above cases, the applicant shall be charged with the
greater of: (i) the Developer's Cost computed in accordance with the
applicable formula specified hereinabove, or (ii) the Minimum Pro
Rata Share. The Minimum Pro Rata Share is the estimated cost of an
improvement designed with the minimum capacity required solely to
service the development.
F.
In addition to the greater of the Developer's Cost or the Minimum
Pro Rata Share computed in accordance with paragraphs A. through E.
hereinabove, the applicant shall be charged with a reasonable cost
escalation factor to be applied from the time of the determination
of the pro-rata share to the time when the off-tract improvements
are installed.
A.
In all cases, developers shall be required to enter into an agreement
or agreements with Roxbury Township in regard to off-tract improvements,
in accordance with this Ordinance and any other ordinances, policies,
rules and regulations of the Township of Roxbury, Morris County and
the State of New Jersey and any departments, authorities or agencies
thereof.
B.
Where properties outside the subject tract will be benefited by the
improvements, the Governing Body may require the applicant to escrow
sufficient funds, in accordance with the section Off Tract Accounts,
to secure the developer's pro rata share of the eventual cost of providing
future structural improvements based upon the standards expressed
herein.
C.
Where properties outside the subject tract will benefit by the improvements,
the Governing Body may determine that the improvement or improvements
are to be installed by the municipality as a general improvement,
the cost of which is to be borne as a general expense. If the Governing
Body shall determine that the improvement or improvements shall be
constructed or installed as a general improvement, the Governing Body
may direct the Planning Board to estimate, with the aid of the Township
Engineer or such other persons who have pertinent information or expertise,
the amount, if any, by which the total cost thereof will exceed the
total amount by which all properties, including the subject tract,
will be specifically benefited thereby, and the subdivider or developer
shall be liable to the municipality for such expense.
D.
If the Governing Body shall determine that the improvement or improvements
shall be constructed or installed as a local improvement, all or a
part of the cost of which is to be assessed against properties benefited
thereby in proportion to the benefits conferred by the improvements
in accordance with Chapter 56 of Title 40 of the Statutes of the State
of New Jersey, the developer may be required to sign an agreement
acknowledging and agreeing to this procedure and, in addition, the
Governing Body may require that the developer shall be liable to the
municipality, in addition to the amount of any special assessments
against the subject property for benefits conferred by the improvement
or improvements, the difference between the total cost actually incurred
and the total amount by which all properties, including the subject
tract, are specially benefited by the improvements as the same may
be determined by the Board of Improvement Assessors.
E.
If the Governing Body shall determine that the improvements are to
be constructed or installed by the applicant, such agreement may contain
provisions, consistent with the standards in this Ordinance and any
other rules, regulations or policies of the Township of Roxbury, County
of Morris and the State of New Jersey and any departments, authorities
or agencies thereof with jurisdiction therein, whereby the applicant
shall be reimbursed by the municipality or otherwise, as a result
of any participation fees, connection charges, charges paid in regard
to developer's agreements with other applicants and the like, all
in accordance with an agreement between the Governing Body and the
applicant.
F.
In determining the procedures to be followed in the event of the
submission of a list and request from the Planning Board, the Governing
Body shall be guided by the following standards and considerations:
1.
The local trends in regard to the probability of development within
the drainage or circulation area in question and the intensity of
such development.
2.
The risk and exposure that neighboring areas are subject to in the
event that the improvements to be required are delayed.
3.
The extent to which temporary measures may sufficiently alleviate
the condition or conditions requiring the off-tract improvement and
the likelihood that larger, regional or sub-regional facilities will
be required in the future to serve the development tract and the general
area of the municipality in which the same is located.
4.
The extent to which the health, safety and welfare of the residents,
both current and future, depend upon the immediate implementation
of the off-tract improvement.
In the event that a minor or major subdivision or site plan
adjoins or includes existing Township streets that do not conform
to widths as shown on either the master plan or Official Map or the
street width requirements of this chapter, additional land along both
sides of the street sufficient to conform to the right-of-way requirements
shall be provided. The additional widening shall be provided to the
Township for the location, installations, repair and maintenance of
streets, drainage facilities, utilities and other facilities customarily
located on street rights-of-way and shall be expressed on the plat
as follows: "Street right-of-way easement granted to the Township
of Roxbury permitting the Township to enter upon these lands for the
purposes provided for and expressed in the Land Subdivision Ordinance
of the Township of Roxbury." This statement on an approved plat shall
in no way reduce the developer's responsibility to provide, install,
repair or maintain the facilities in the area dedicated by ordinance
and/or as shown on the plat and/or as provided for by any maintenance
of performance guarantees. If the subdivision or site plan is along
one side only, one-half of the required extra width measured from
the center line of the roadway shall be dedicated and that portion
of the existing street or road adjoining or included within a subdivision
or site plan shall be improved, including excavation, grading gravel
base, drainage facility and surfacing, in accordance with the road
improvement standards of this chapter.
[Ord. No. 6-02 § 1]
Where the proposed off-tract improvement is to be undertaken
at a future date, funds required for the improvement shall be deposited
in cash with Roxbury Township, which shall hold said funds in a separate
interest-bearing account until such time as the improvement is constructed.
As a general policy, the Township of Roxbury may accept dedication
of open space, wetlands and/or detention basins from developers of
property within the Township of Roxbury upon application of the developer
and upon a review and report by the Township Planning Board, the Township
Environmental Commission and Township Open Space Committee. The benefit
to the public health and welfare (including the potential benefit
of adding to contiguous pre-existing Township open space or recreation
areas) should be weighed against the detriment of undertaking property
ownership at public expense and the potential liability to the community
derived from ownership of property. Where it is determined that the
dedication and acceptance of open space, wetland areas and/or drainage
basins and the undertaking of public responsibility for the ownership
and maintenance of these areas is not in the best interest of the
public health, safety and welfare in the community, then such open
space, wetland areas and/or detention basins should, insofar as practicable,
become part of contiguous lots within the development and should be
burdened by appropriate conservation easements to prevent construction
of structures or destruction of wetlands or other open space areas;
or, alternatively, such property, while still burdened by conservation
easements to prevent construction of structures or destruction of
wetlands or other open space areas, may be the subject of a declaration
of covenants and restrictions to be monitored and managed by homeowners
associations provided, however, that such property management is a
burden for tax purposes on the individual lots within the development
in a manner to be approved by the Township.
Whenever the Township has determined to accept a dedication
of a drainage basin or improvement, the Developer shall pay to the
Township a sum of money designed to pay for the maintenance of such
drainage facilities for the foreseeable future. The cost of the payment
shall be determined as follows:
A.
The Township shall determine the Township's cost per hour of labor
including benefits for the lowest paid Department of Public Works
Laborer (the labor costs).
B.
The Township shall determine the Township's cost of mowing the detention
area once per month for six (6) months based upon the lowest responsible
bid of three (3) solicited bids from private landscape contractors
selected by the Township or if three (3) solicited bids cannot be
obtained by as many solicited bids as can be obtained up to three
(3) (the landscape costs).
C.
The Township shall determine the Township's cost of cleaning out
debris and silt from the detention basin assuming three hours of labor
at the Township labor cost and three (3) hours usage of the manned
Vac Haul at one hundred fifty ($150.00) dollars per hour. This total
figure shall be divided by three (3) because this operation is designed
to occur only once every three (3) years (silt removal cost).
D.
The Township shall determine the cost of sidewalk snow removal (if
there are any sidewalks in the development that are within the dedicated
drainage facilities area) by utilizing six (6) hours of labor costs
per year per two hundred (200) feet of sidewalk. The "six (6) hours"
is determined by assuming one (1) hour to shovel a two hundred (200)
foot sidewalk and an average of three (3) storms accumulating three
to six (6) inches; one and a half (1-1/2) hours to shovel a two hundred
(200) foot sidewalk and two (2) storms in which more than six (6)
inches accumulate for a total of six (6) hours labor cost.
E.
Determine the Developer payment by calculating the amount necessary
to generate sufficient interest at six (6%) percent per year to annually
pay for the annual total sum of the landscape cost, the silt removal
cost and the snow removal cost by dividing the total of these costs
by .06. Round this figure to the nearest $100, $50 or more being rounded
up:
For example, assume the Township's labor cost is $41 per hour;
the lowest responsible private landscape contractor bids $900 per
year to cut the grass in the detention basin once per month for six
months; three hours of labor at the Township labor rate of $41 ($123)
plus $450 for three hours of manned Vac Haul for silt removal divided
by three for a total of $191 annual cost; and a 200-foot sidewalk
at six hours times $41 labor cost for a snow removal cost of $246
per year. The total cost would, therefore, equal $900 for landscaping;
$191 for one-third the cost of silt removal which occurs once every
three years; $246 for snow removal for a grand total of $1,337 per
year in total maintenance cost at 6% interest divided $1,337 by .06
and arrive at a contribution amount of $22,283. Round this to the
nearest hundred dollars or $22,300.
